Vatican Regesta 526
1466-1467

Sponsor

Institute of Historical Research

Publication

Author

J. A. Twemlow (editor)

Year published

1933

Pages

253-269

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'Vatican Regesta 526: 1466-1467', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 12: 1458-1471 (1933), pp. 253-269. URL: http://british-history.ac.uk/report.aspx?compid=103872 Date accessed: 26 November 2014.


Highlight

(Min 3 characters)

Vatican Regesta, Vol. DXXVI. (fn. 1)

Secrete.

2 Paul II.

1466.
Prid. Id. April.
(12 April.)
St. Mark's, Rome.
(f. 50.)
To Master John de Cerretanis, a papal chaplain and auditor of causes of the apostolic palace. Mandate, as below. The recent petition of Ralph Longley, a canon of St. Wilfrid's, Ripon, in the diocese of York, contained that although on the voidance of the wardenship, called the mastership, of the [collegiate] church of Mamcestre in the diocese of Coventry and Lichfield (fn. 2) , of the patronage of laymen, by the promotion of John, [now] bishop then elect of Exeter, sometime warden, to that church [of Exeter], and by the consecration administered to him by papal authority, he had been by certain lay persons, the patrons, or by two other lay persons to whom the said patrons had granted the patronage for that turn, presented to John bishop of Coventry and Lichfield within the lawful time, and by that bishop instituted by his ordinary authority, nevertheless the said John bishop of Exeter, alleging that the wardenship had not become void by the said promotion and consecration, and that he had been able and was able by papal indult to retain it [in commendam] (fn. 3) together with the said church of Exeter, prevented and still prevents the said presentation and institution from taking effect; and that, upon a ground of dispute (materia questionis) arising therefore between the said bishop and Ralph, the present pope, at the said bishop's instance, committed the cause, although it had not by its nature lawfully devolved to the Roman court, to [Master] Nicholas de Ubaldis, a papal chaplain and auditor, who promulgated a definitive sentence in favour of Ralph and against the said bishop, by which he absolved Ralph from prosecution by the bishop in regard to the wardenship, (fn. 4) bishop John's appeal from which the pope committed to the above auditor John, who is said to have proceeded, short however, of a conclusion. The said petition adding that it is alleged by some that neither bishop John nor Ralph has a right in or to the wardenship, the pope hereby orders the above auditor John, if by the event of the suit he find this to be the case, to collate and assign to Ralph, all of whose benefices and their values, including the wardenship, and the tenors of the dispensations in virtue of which he holds them, the pope holds to be expressed by these presents, the said wardenship, which is an office in the said church of Mamcestre, and has cure, and whose holder is bound by the statutes to personal residence (fn. 5) ; whether it be void as above, or by the resignation of bishop John, or in any other way; inducting Ralph etc. Vite etc. (L. Dathus. | xxxvi. A.de Urbino. G. de Fuentes. Jo. de Aquilone. In the margin:Octobris.) [3½ pp. See above, Reg. Vat. DXXV, f. 187d.See also Fœdera, s. dat. 1466, Feb. 4.]

3 Paul II.

3 Kal. Oçt.
(29 Sept.)
St. Mark's, Rome.
(f. 90d.)
To Francis de Salviatis. Collation and provision to him, who is an abbreviator of apostolic letters and of noble birth, of a canonry of York and the prebend of Laghton therein, value not exceeding 33l. sterling, and the provostship alias the mastership or wardenship of the collegiate church of St. Edmund, Salisbury, value not exceeding 7l. sterling, void at the apostolic see, and therefore ipso facto reserved, by the death of John Lax; even if the latter benefice be elective and have cure. Nobilitas generis, vite etc.
Concurrent mandate to the bishops of London and Lucca and Falco de Sinibaldis, a canon of the basilica of the Prince of the Apostles, Rome. Hodie dilecto filio Francisco. (L.Dathus. | xiii. xi. A. de Urbino. G. de Fuentes. F. de Gualbes. Ja. de Rizonibus. Jo. de Veneriis. Coll. B. Zucheta. In the margin: Octobris.) [3 pp.]
4 Kal. Dec.
(28 Nov.)
St. Mark's, Rome.
(f. 97.)
To the bishop of St. Andrews and the archdeacon and the official of Dunkeld. Mandate, as below. The recent petition of Alexander Guthri, priest, of the diocese of Brechin, contained that after a ground of dispute (materia questionis) had arisen between the late John Quheton and John Ruthven, priest, about the perpetual vicarage of the parish church of Outherhus, in the diocese of Dunkeld, on the voidance of which by the resignation of the late Robert Esse made to the late James bishop of Dunkeld and admitted by that bishop, each of them alleged that provision thereof had been made to him by the said bishop by his ordinary authority, [the former of them] alleging that the said Ruthven had unjustly opposed the provision made to him and had prevented it from taking effect, whilst Quheton (recte Ruthven) alleged that the vicarage lawfully belonged to him, (fn. 6) pope Pius II at Ruthven's instance committed the cause, although it had not by its nature lawfully devolved to the Roman court, to Peter [now] bishop of Tarazzona (Tirasonen.), then a papal chaplain and auditor; and that after the said Peter had proceeded short, however, of a conclusion, the said Quheton, then being in possession, and Ruthven, then claimant, respectively resigned the vicarage, without making any mention that such suit was pending, to Thomas the present bishop of Dunkeld, who admitted their resignations and made collation and provision of the vicarage, as being void by such resignations, to David Dyssynton, clerk, of the diocese of St. Andrews, who under pretext thereof intruded himself; that afterwards, as the present pope has been informed by the said Alexander, Thomas Rogerzon (sic), clerk, of the said diocese of Dunkeld, made a bargain with the said intruder David that if the latter resigned in favour of Thomas, the latter would pay him a sum of money, which he did, thereby committing simony, as a result of which bargain and payment, David, passing himself off as (confingens se) perpetual vicar, although he was an intruder as above, resigned to the said bishop Thomas, who, in ignorance of the said bargain, admitted the resignation as being voluntary, and made collation and provision of the vicarage, as void by this resignation, to the said Thomas Rogerson. The pope therefore, calling up the said cause to himself and extinguishing the suit between Quheton and Ruthven, orders the above three, if and after Alexander, who is by both parents of noble birth, accuses Rogerson before them, to summon Rogerson and others concerned, and if they find the foregoing to be true, to decree the said collation and provision to be without force, and in that event to collate and assign the vicarage, value not exceeding 9l. sterling, to Alexander, Rogerson being removed; whether it be void as above, or be still void by the resignation of James Miller, priest, of the said diocese of St. Andrews, or be void in any other way. Nobilitas generis, vite etc. (L. Dathus. | xxx.A. de Urbino. G. de Fuentes. Ja. de Rizonibus. F. de Gualbis [recte Gualbes]. N. de Benziis. Coll. Loisius. In the margin:Decembris.) [3½ pp.]

2 Paul II.

10 Kal. Aug.
(23 July.)
St. Mark's, Rome.
(f. 107d.)
To the abbot of Balmurinoch in the diocese of St. Andrews, and James Lyndesay and James also Lyndesay, canons of Moray, [both] dwelling (fn. 7) in the said diocese. Mandate, as below. The recent petition of Alexander Lomysden, clerk, of the diocese of St. Andrews, contained that formerly, when very severe (durissima) wars began to rage between the king of Scots and the king of England, the Cistercian nuns’ monastery of Sowch Berwyk, wont to be governed by a prioress, and situate in a dangerous place and near the borders of the said realms, remained utterly (penitus) without prioress and nuns, and that the abbot and convent of the Premonstratensian monastery of Driborch in the said diocese violently took possession of it, and without any title detained wrongful possession whilst the said wars lasted, and still do so. The said petition adding that the wars have now ceased, and that all that region in which the said nuns' monastery is situate has returned to the obedience and fealty of James king of Scots, whose progenitors founded the said monastery; and the pope having learned that on account of the length of time none of the said nuns is living, and that the monastery is still void; and the said Alexander alleging that if the administration thereof be granted to him he will recover (vindicare) its goods and rights and restore its ruined (collapsa) buildings, the pope, in order to help him to be decently maintained, and in the hope that he will be in many ways helpful (fructuosus) to the said monastery, orders the above three to summon the said abbot and convent and others concerned, and if they find the facts to be as stated, to appoint Alexander perpetual administrator for life of the said monastery, value not exceeding 50l. sterling. The pope's will is that in the event of their making the appointment, Alexander may, after supporting the due and wonted burdens of the monastery, dispose freely of the remainder of its fruits etc., as the prioresses could or ought to have done, the alienation however of any of the goods being hereby utterly forbidden. Ex debito suscepti tenemur officii. (L. Dathus. | xxxv. A. de Urbino. G. de Fuentes.Ja. de Rizonibus. F. de Gualbes. N. de Benzis. In the margin: Octobris.) [4 pp.]

4 Paul II.

1467[–8].
12 Kal. March.
(19 Feb.)
St. Mark's, Rome.
(f. 162.)
To William Scot, perpetual vicar of the parish church of Holyrood, Streueling, in the diocese of St. Andrews. Exemplification, from the Register of the apostolic Camera, of the following letters of Nicholas V, William's recent petition containing that the seal of the original letters has been accidentally cut off and taken from its wonted place, (fn. 8) viz. the letters:—
Nicolaus etc. dilecto filio Vilelmo Scot perpetuo vicario parrochialis ecclesie sancte crucis de Streueling Sancti Andree diocesis, salutem etc. Apostolice sedis providentia circumspecta se libenter illis exhibet ad gratiam liberalem quibus ad id etc., prout in libro xiio bullarum felicis recordationis domini Nicolai pape v. folio cccx.continetur [i.e. Reg. Vat. CCCCXVII, f. 310d, in Cal.Papal Letters, Vol. X, p. 221];
with decree hereby that the said exemplification shall have everywhere and for all purposes the force which the original letters would have if they were intact. Provisionis nostre. (L. Dathus. | xvi. G. de Fuentes. P. de Monte. A. de Muciarellis. Collat. G. Blondus. In the margin: Februarii.) [1 p. +. See also vol. cit., p. 174.]

3 Paul II.

1466[–7].
Prid. Id. March
(14 March.)
St. Mark's, Rome.
(f. 238d.)
To the abbot of the monastery of St. Evuert (sancti Evurtii) in the diocese of Orléans, and James de Maireau, a canon of Orléans and the official of the same. Mandate in regard to certain benefices in France, in favour of Yvo Prepositi, clerk, of the diocese of Orléans, who, when in or about his fifteenth year was dispensed on account of defect of age by John [now] cardinal priest of St. Martin's in Montibus, then bishop of Arras and nuncio with power of a legate in the realms of France, England and Scotland and the dominions of the duke of Burgundy, and for whom [sc. Yvo] Pius II afterwards reserved certain benefices, etc. Vite etc. (M. Palmierus. | c. F. de Maffeis. Sinolfus. Ja. de Rizonibus. F. de Gualb(e)s.Jo. de Tartarinis. Collat. G. Blondus. In the margin:Mar(tii) [62/3 pp.]
Ibid. To Yvo Prepositi, clerk, of the diocese of Orléans, bachelor in decrees. Grant in regard to the same matters, again with mention of his dispensation in his fifteenth year by the above nuncio. Sedes apostolica, pia mater. (M.Palmierus. | xvi. F. de MaffeisBlondus, as in the preceding. In the margin: Mar(tii).) [3 pp.]
1466.
18 Kal. Dec.
(14 Nov.)
St. Mark's, Rome.
(f. 249.)
To the archdeacon of Ossory. Mandate to make provision to Edmund Simir, (fn. 9) a monk of the Cistercian monastery of St. Mary the Virgin, Abington (de Wo[the]nya) in the diocese of Emly, who is illegitimate, being the son of a clerk and an unmarried woman, and has made his open profession, if found fit, of the Cistercian monastery of St. Mary the Virgin, Jerpoint (de Jeriponte) in the diocese of Ossory, value not exceeding 50 marks sterling, void by the death of David Mortinier (rectius Mortimer); summoning and removing Thomas Blandel (sic), a monk thereof, who unduly detains possession. In the event of the said archdeacon making such provision, he is to bless Edmund or grant that he may be blessed by any catholic bishop, and the pope hereby dispenses him to receive the administration etc. notwithstanding the said defect, etc. The pope's will is that whichever of the said archdeacon and such bishop shall administer the blessing shall, after administering it, receive from Edmund the usual oath of fealty according to the form enclosed, and shall send it to the pope as soon as possible by Edmund's letters patent sealed with Edmund's seal (fn. 10) ; and that in the event of the blessing being administered by other than the said archdeacon no prejudice shall thereby arise in future to the bishop of Ossory, to whom the monastery is by ordinary right subject. Ad exequendum pastoralis officii debitum. (L. Dathus. | l. F. de Maffeis. Sinolphus.Ja. de Rizonibus. F. de Gualbes. P. de Spinosis. Collat.G. Blondus. In the margin: Mar(tii.) [4 pp.]

2 Paul II.

15 Kal. Aug.
(18 July.)
St. Mark's, Rome.
(f. 259.)
Confirmation and approbation, at the [recent] petition of all the chaplains of the chantry of Jesus and St. Mary the Virgin and that of St. Katherine in the parish church of Eccles in the diocese of Conventry and Lichfield (containing that the late William archbishop of York, primate of England and legate of the apostolic see, united and appropriated the parish church of Bethum alias Bethome in the county of Westmoreland and that of Slaitburn’ alias Slaidburn’ alias Sladburn', in the diocese of York, with consent of the dean and chapter of York, and of John Bothe, archdeacon of Richmond, as far as regards the church of Bethum alias Bethome, to the chaplains of the said chantry, decreeing that on the cession or death etc. of John Sendale the present rector of Bethum alias Bethome and of John Mews the present rector of Slaitburn’ alias Slaidburn’ alias Sladburn', the said chaplains might by their own authority take possession of the said two churches, etc.; reserved to himself and his successors [archbishops of York] power and authority to assign a fit yearly portion for a perpetual vicar in the said church of Bethum alias Bethome; ordained a yearly portion of 10l. sterling of English money for a perpetual vicar in that of Slaitburn’ alias Slaidburn’ alias Sladburn'; and reserved and assigned yearly cesses or pensions to be paid by the said chaplains to the archbishop and his successors, to the dean and chapter of York and a number of others, etc., as is contained more fully in authentic letters inserted in a public instrument, the tenour of which the pope has caused to be exemplified verbatim in these presents) of the said unions and appropriations etc. and all other contents of the said letters and their consequences, the pope holding the yearly values of the said chantries and of the said united churches as being expressed in these presents. The pope exemplifies, as premised above, the said instrument, viz.:—
Univ. sancte matris ecclesie filiis.…, by which John Druell', I.U.D., official of the episcopal consistory of London, informs them that to him, sitting as a tribunal in the cathedral church of St. Paul, London, were exhibited produced and shown on behalf of Sir Robert Clyfton', knight, a certain letter concerning the appropriation of the parish church of Bethum alias Bethome in the county of Westmoreland in the diocese of York made to the chaplains of the chantry of Jesus and St. Mary the Virgin in the parish church of Eccles in the diocese of Conventry and Lichfield, sealed with three oblong seals, one the seal in red wax of William archbishop of York, primate and legate (as above), the second the seal in white wax of the dean and chapter of York, and the third also in red wax of the archdeacon of Richmond, and two other letters concerning the appropriation of the parish church of Slaitburn’ alias Slaidburn' alias Sladburn in the diocese of York, made to the chaplains of the chantry of St. Katherine in the said church of Eccles, namely, one sealed with the oblong seal impressed in red was of the said archbishop William, and marked and subscribed with the mark and subscription (fn. 11) of William Brande, clerk, of the diocese of Coventry and Lichfield, notary [public] by apostolic authority, and the other of the said dean and chapter concerning the confirmation of the same, sealed with their oblong seal impressed in white wax; and that petition was made to him on behalf of the said knight that, inasmuch as it is necessary for him to exhibit the said letters, of which he has not duplicates, in divers parts of the world etc., whereby they may perish, the said official would inspect them etc. and order and cause them to be copied, exemplified, subscribed and drawn up in the form of a public instrument by the under-written notary public, in order that to such copy may be given the same credence as to the said original letters, the tenours of which are as follows:—
(i) the letters addressed Univ. sancte matris ecclesie filiis … of William archbishop of York, primate and legate (as above), dated as below, informing them that John Contyngham (sic), abbot of St. Mary's without the walls of York and the convent thereof have granted to Nicholas Byron', Robert Clyfton', Richard Bothe and Seth' Worsley, esquire[s], (fn. 12) the advowson and patronage of the parish church of Bethum alias Bethome in the county of Westmoreland, and to their heirs in perpetuity, as is more fully contained in the following letters of the said abbot and convent, sealed with their seal, viz.:—
(a) the letters Omnibus christi fidelibus ad quos presens scriptum indentatum pervenerit of John Cotyngham, abbot of St. Mary's without the walls of York and the convent thereof, setting forth that they have by the present indenture granted the advowson etc. of Bethum alias Bethome, to Nicholas Byron' … and Seth’ Worsley (as above), esquires, (fn. 13) and to their heirs in perpetuity, reserving to the abbot and convent and their successors the yearly pension of 40s. due to them from the said church from time immemorial; in testimony of which they have caused to be set to the present indenture their common seal. Dated in their chapter-house 8 Oct. in the 38th year of king Henry VI [1459];
the which charter is enrolled on the dorse of the [letters] close of the chancery of the below-written king in the month of January in the year belowwritten (fn. 14) and that the said Nicholas Byron’ … and Seth’ Worsley (as above) [esquires] have granted and confirmed to the chaplains of the chantry of Jesus and St. Mary the Virgin in the parish church of Eccles in the diocese of Coventry and Lichfield the advowson and patronage of the said parish church of Bethum alias Bethome, and to their successors in perpetuity; and that petition has been recently and is now made to the above archbishop on behalf of the chaplains of the said chantry through their proctor Sir John Averell', chaplain, the tenour of whose proxy is as follows, viz.:—
Pateat universis per presentes, being the letters of procuration whereby the chaplains of the chantry of Jesus and St. Mary the Virgin (as above) appoint as their proxies Master John Ranald, canon of Suth‘well’ in the diocese of York, Ralph Radclyff, esquire, and Sir John Averell’ chaplain, conjointly and severally, with full powers for the matter of the appropriation to be made to the said chaplains [and the said chantry], by authority of William archbishop of York, primate and legate (as above), of the church of Bethum alias Bethome, in testimony of which they have procured the setting to their said presents the seal of Sir Robert Scot, dean of Newark', dated at Suth‘well’ on 12 May, 1460;
that, the licence of Henry king of England and France and lord of Ireland having been granted to the chaplains of the said chantry and to the said Nicholas Byron'. and Seth’ Worsley (as above), as follows:—
Henricus dei gratia rex. being the letters patent of the said king, granting licence to William Bothe archbishop of York, Nicholas Byron’ … and Seth’ Worsley (as above), esquires, to found a chantry of two chaplains in the parish church of Eccles in the county of Lancaster to celebrate divine offices daily for the good estate of the said king and archbishop and for their souls after death and the souls of certain other persons to be named by the said archbishop, Nicholas … and Seth’ (as above), and of all the faithful departed; the chaplains of the said chantry to be called the chaplains of the chantry of Jesus and St. Mary the Virgin, etc.; with licence also for the said Nicholas … and Seth’ (as above) to grant in mortmain to the said chaplains in perpetuity their advowson and patronage of the church of Bethum alias Bethome in the county of Westmoreland; teste me ipso at Coventry 1 Dec. in his 38th year [1459; see Cal. Pat. Rolls, Henry VI, Vol. VI, 1452–1461, p. 526],
the said archbishop should approve, ratify and confirm the said grants and royal licence and all the contents thereof, and unite and appropriate in accordance therewith the said church of Bethum alias Bethome to the said chaplains of the chantry of Jesus and St. Mary the Virgin. Wherefore, at the said petition the said archbishop William hereby approves, ratifies and confirms the grants by the said abbot and convent and by the said Nicholas Byron’ and Seth' Worsley (as above) and the said royal licence, and all the contents thereof, and, with licence and consent of all concerned, and after treaty and deliberation between him and the said dean and chapter and Master John Bothe, archdeacon of Richmond, proceeds to make the formal decree of appropriation, as follows:—
In dei nomine amen, setting forth that William archbishop of York, primate and legate (as above), sitting as a tribunal in the chapel within his manor of Suth‘well’, appropriates, with consent of the said dean and chapter and archdeacon and others concerned, the parish church of Bethum alias Bethome in the county of Westmoreland to the chaplains of the chantry of Jesus and St. Mary the Virgin in the parish church of Eccles; decrees that upon the cession or death etc. of Master John Sendale, the present rector of Bethum alias Bethome, they may take possession by their own authority, etc., but reserves to himself and his successors power and authority to endow from the fruits etc. thereof a perpetual vicar in the said church, and to assign to him therefrom a fit portion; and reserves from the said fruits etc. a yearly cess or pension to himself and his successors of 3s. 4d. to be paid by the said chaplains, half at Whitsuntide and half at Martinmas, also one of 3s. 4d. to the said dean and chapter to be similarly paid, and one of 13s. 4d. to the said Master John Bothe, archdeacon of Richmond, and his successors, to be similarly paid, and also a sum of 3s. 4d. to the poor parishioners of Bethum alias Bethome in accordance with the royal statute [15 Ric. II, c. 6, confirmed by 4 Hen. IV, c. 12]; with provision for the enforcement of payment by sequestration of the fruits etc. of the said church of Bethum alias Bethome, etc. In testimony of all which the archbishop has caused the present letters testimonial to be made, with the impression of his seal; dated in his manor of Suth‘well’ on 19 June 1460, in the 13th year of his consecration and the 8th year of his translation.
Appended to the archbishop's foregoing letters are the approbation and ratification and confirmation thereof by Richard dean and the chapter of the cathedral church of York, in testimony of which their common seal is appended, dated, as regards the sealing, (fn. 15) in their chapter house at York, 26 July 1460, and the approbation and ratification and confirmation by John Rothe (recte Bothe) licentiate in laws, archdeacon of Richmond, in testimony of which his seal is appended, under date 30 April 1461;
(ii) the letters Univ. sancte matris ecclesie filiis … of William archbishop of York, primate and legate (as above), setting forth that whereas recently Laurence Bothe, clerk, Nicholas Byron', esquire, Robert Clyfton', esquire, and Seth' Worsley, esquire, have given and granted and by their letters confirmed their right of patronage and the advowson of the parish church of Slaitburn’ alias Slaidburn’ alias Sladburn’ in the diocese of York in perpetuity to the chaplains of the chantry of St. Katherine in the parish church of St. Mary the Virgin, Eccles, in the diocese of Coventry and Lichfield by their letters patent, as follows:—
Sciant presentes et futuri cum nos Laurentius Bothe clericus … and Seth’ de (sic) Worsley, esquire (as above), setting forth that whereas they hold the advowson of the said church of Slaitburn’ by grant of Nicholas Halle, prior of St. John the Apostle and Evangelist, Pontefract, and the convent thereof, the tenour of which grant is as follows:—
Sciant presentes and futuri quod nos Nicholas Halle …, setting forth that the said prior and convent have granted and by their present indented charter confirmed to Master Laurence Bothe, clerk … and Seth’ de Worsley, esquire (as above), their heirs and assigns, in perpetuity, the advowson of the said church of Slaitburn’ alias Slaidburn’ alias Sladburn', in testimony of which they have set their common seal to the present indented charter; dated in their chapter-house 2 Sept. in the 34th year of king Henry VI [1455],
they, the said Laurence … and Seth’ de Worsley have given, granted and by their present indented charter confirmed to the chaplains of the chantry of St. Katherine in the parish church of St. Mary the Virgin, Eccles, in perpetuity, the said advowson; in testimony of which they have set their seals to the said present indented charter; witnesses: William Bothe, archbishop of York, Master William Makster (recte Malster) canon of York, Master John Sendale, canon of York, Master Thomas Lyd (recte Lye), archdeacon of Salop, and many others [not here named]; dated 1 June 1456, the 34th year of Henry VI.;
and that the archbishop has been petitioned on behalf of the said chaplains of the chantry of St. Katherine (as above), namely, by their proctor John Averill', the tenour of whose proxy follows, thus:—
Pateat universis per presentes, being the letters of procuration whereby the chaplains of the chantry St. Katherine (as above) appoint as their proxies John Gysburn', chaplain, Ralph Radclyff, esquire, and John Averill', literate, conjointly and severally, with full power for the matter of the appropriation to be made to the said chaplains and the said chantry, by authority of William archbishop of York, primated and legate (as above), of the church of Slaitburn’ alias alias (as above), in testimony of which they have procured the setting to their said presents of the seal of Sir Robert Scotte, dean of Newarke, dated on 30 June 1456 (fn. 16) ;
that, the licence of Henry VI king of England and France and lord of Ireland having been granted to the chaplains of the said chantry and to the said Laurence Bothe … and Seth’ de (sic) Worsley (as above), as follows:—
Henricus dei gratia rex. …, being the letters patent of the said king granting licence to Laurence Bothe, clerk. and Seth’ de Worsley, esquire (as above) to grant in mortmain to the above chaplains of the chantry of St. Katherine, in perpetuity, their advowson of the said church of Slaitburn' alias alias (as above) in the county of York; teste me ipso at Westminster 14 [Feb.] anno 34 (fn. 17) [i.e. 1455–6; see Cal. Pat. Rolls, Henry VI, Vol. VI, 1452–1461, p. 275],
the said archbishop should ratify and confirm the said grant and royal licence and the contents thereof, and unite and appropriate in accordance therewith the said church of Slaitburn’ alias alias (as above) to the chaplains of the said chantry of St. Katherine, to whose honour and that of our Lord and St. Mary the Virgin it was founded. Wherefore, at the said petition the said archbishop William hereby approves, ratifies and confirms the grant by the said Laurence … and Seth’ (as above), and all the contents thereof and, with licence and consent of all concerned, and after treaty and deliberation between him and the said dean and chapter, unites and appropriates hereby the said church of Slaitburn alias alias (as above) to the said chaplains and chantry of St. Katherine, and grants them licence that on the cession or death or lawful removal of Sir John Mews, the present rector, they may take possession, etc., saving a certain portion (fn. 18) in ready English money for a perpetual vicar to be instituted, which portion he fixes at 10l. in ready English money (fn. 19) to be paid yearly at Michaelmas, Christmas, Lady Day and the Nativity of St. John Baptist; the archbishop further ordaining that within two years the said chaplains shall build at their own expense a competent dwelling (mansum competens) near the said church of Slaitburn’ alias alias (as above) for the habitation of such vicar, etc., that the vicars shall find at their own expense the bread, wine and light for the high altar (fn. 20) and keep in repair the said mansum after it has been once built, etc. The archbishop further ordains and decrees that the chaplains shall present to the archbishop any fit priest as vicar, at times of voidance, for institution, and grants to the said chaplains licence not to appear at yearly synods by reason of the said church, etc., but ordains that they shall pay from its fruits etc. to himself and his successors 6s. 8d. and to the said dean and chapter 3s. 4d., to be paid at Michaelmas, with provision for enforcement of payment by sequestration, etc. of the fruits of the said church of Slaitburn, alias alias (as above), etc., and also shall cause to be distributed amongst the poor parishioners of the said church 3s. 4d. yearly within a week after Lady Day etc. In testimony of all which the said archbishop has caused his seal to be set to these presents together with the subscription of the below-written notary public: dated and done in the major and principal chapel within his manor of Suthwell' on 24 Aug. 1456, indiction 4, in the second year of Calixtus III, in the presence of Master William Malster, licentiate in decrees, then the said archbishop's chancellor, William Radelyff (recte Radclyff), I.U.D., Thomas Lye, archdeacon of Salop, Thomas Byron’ chaplain, of the dioceses of York and Coventry and Lichfield, witnesses, and published in the form of a public instrument and attested by William Brande, clerk, of the diocese of Coventry and Lichfield, notary public by apostolic authority, in the year, indiction, pontificate, month, day and place aforesaid, etc., with his approbation of two interlineations and an erasure;
(iii) the letters Univ. sancte matris ecclesie filiis … of Richard dean and the chapter of York, setting forth that they have inspected the letters of William archbishop of York, primate and legate (as above), sealed with his great seal in red wax, which they exemplify, viz.:—
the letters Univ. sancte matris ecclesie filiis … (as above no. ii, about the gift to the chaplains of St. Katherine's chantry of the advowson of Slaitburn, alias alias (as above, here with the successive spellings and variants ‘Malster,’ ‘Lye,’ ‘Averylle,' ‘Gisbrugh,’ ‘Averylle literate,’ ‘Sir Robert Scotte dean of Newerke’, the complete date of the royal licence, viz. ‘14 Feb. anno 34,' ‘salva certa portione,’ ‘dated and done in the major and principal chapel within his manor of Suth‘welle’ ‘in presence of Master William Malster, licentiate in decrees …, William Radclyff … Thomas Lye … and Thomas Byrom', chaplain,’ ‘with his approbation of one interlineation,’
and approving, ratifying and confirming the archbishop's said letters. In testimony of which the common seal of the said dean Richard and chapter is appended; dated at York in their chapter-house, quo ad consignationem presentium, on 3 Feb. 1456[–7]:
all which foregoing [three] letters the above-named official has inspected in the presence of the below-written notary public and witnesses and, inasmuch as he has found them in every respect intact and beyond suspicion, he has, as requested, published them and caused them to be copied, subscribed and drawn up in public form by Master Nicholas Parker, notary public below-written, and signed, marked and exemplified with his mark and subscription, (fn. 21) to which copy he decrees that credence shall be given as to the original letters themselves. In testimony of which he has caused and ordered these his present letters or this present public instrument to be subscribed by the said Master Nicholas Parker, notary public below-written and drawn up as a copy and in public form, and has caused and ordered his seal to be appended to the same; dated and done in the said cathedral church of St. Paul, London, on 21 April 1466, indiction 14, the second year of Paul II, in presence of Thomas Pole and Robert Lyghton', clerks, dwelling at London, witnesses, and attested and published by the said Nicholas Parker, clerk, of the diocese of Norwich, notary public by apostolic and imperial authority, and registrar principal of the court of Canterbury and keeper of the registers of the said court, in the year, indiction etc. above-said, etc., who has caused the foregoing to be written by another on three pieces of parchment sewn together, and has on each joint set his wonted mark, and has subscribed the whole instrument with his own hand and marked it with his wonted mark and name and the seal of the said official; with notification of an interlineation in the first piece and of another in the second.
The pope's present letters end with the usual final clauses Nulli ergo …, and the date as above, and begin:Ad perp. rei mem. Romanus pontifex in suprema statione. (L. Dathus. | cx. Jo. Baptista. N. Tungen. D. de Piscia.Collat. G. Blondus. In the margin: Augusti.) [35 pp.]

3 Paul II.

1466[–7].
12 Kal. April.
(21 March.)
St. Mark's, Rome.
(f. 276d.)
To the archbishop of Arles and the bishops of St. Andrews and Glasgow. Mandate, as below. The pope lately (upon learning from the grievous complaint of Master Patrick Home, archdeacon of Teviotdale in the church of Glasgow, a notary of the pope, present at the apostolic see, that although Pius II had ordered the Benedictine priory of Coldingham in the diocese of St. Andrews to be granted to him in commendam, and that although in virtue of the commenda made to him thereof he had obtained possession and had held it in peace for more than two years, nevertheless Richard Vyle, clerk, then collector of the papal Camera in those parts, etc. as above, p. 251, Reg. Vat. DXXV, f. 304d.), ordered by other letters (ibid.) the above three to make restitution to Patrick etc., invoking, if necessary, the aid of the secular arm, etc. as is contained more fully in the said other letters (ibid.). The pope has recently learned that the said John, in order to hinder the effect of the said letters, extorted a commission from the pope's chancery, by which inter cetera he suggested that Patrick, being under divers sentences, had taken part in divine offices, thereby incurring irregularity, and that he got Patrick deprived of the priory and collation of it made to himself by papal authority, by a definitive sentence which, in the absence of lawful appeal, (fn. 22) became a res judicata, in virtue of which he obtained possession, but that Patrick, alleging that he had been despoiled of the priory, lodged a null and invalid appeal from such alleged spoliation and from other grievances; that the pope committed the cause of the said appeal and of the abandonment of the same, (fn. 23) at John's instance, to Master Anthony de Grassis, a papal chaplain and auditor, before whom Patrick was said to have impetrated, without having made mention of the foregoing, a certain papal rescript, by the help of which he was seeking to involve John in litigation in those parts (fn. 24) and unduly to molest him, from which rescript and other grievances John appealed to the said see; and that commission was given by the pope's order, but beyond his intention and inadvertently, (fn. 25) to the said auditor to hear and determine the cause of the appeals lodged by John, with power to inhibit Patrick and any others, which auditor, at John's instance, in order that he might hinder the pope's said letters from taking effect, is said to have decreed letters of citation and inhibition to those parts. Seeing, however, that it is the pope's intention that the said sentence or ordinance delivered by him, and his mandate given to the above three, and his said letters shall in spite of any obstacles take effect, he, hereby revoking and annulling the commission given to the said auditor, and the citation and inhibition made by that auditor under pretext thereof, etc., and declaring and decreeing that no one could or can raise and obstacle to hinder Patrick from recovering the said priory, benefices and other goods, and to hinder the above three from proceeding to execution of the same letters, orders the same three to proceed to execution of them. as if the said commission had not been given by the pope's order to the said auditor, and as if no citation or inhibition had emanated from that auditor under pretext thereof, and hereby decrees null and void all commissions past and future against the tenour of the said letters, unless they make full and explicit mention of the said and of the present letters, etc. Laudanda sedis apostolice rectitudo. (L. Dathus. | A. Oriens. Collat. G. Blondus.) [3¾ pp.See above, p. 232. See also Vol. XI of the present calendar, p. 425.]

Footnotes

1 On the back of the volume is the modern gold-lettered label, with: ‘Paul. ii. Secret. An. i. ii. iii. Lib. iii.’ Inside the volume is the front half of the original sheepskin binding with: ‘[Liber] iii. bullarum domini P[auli].' On the bottom edge of the volume is the contemporary description: ‘[Liber] iii. bullarum domini Pauli.’ There are 12 pp. of rubricelle headed: ’Rubricelle libri tertii bullarum sanctissimi domini nostri domini Pauli divina providentia pape ii. in Camera Apostolica registratarum,’ and at the end is: ’Finis. deo gratias.’ There are ff. i. + i—cccxxxii. of text.
2 custodiam ecclesie de Mamcestre majisterium nuncupatam Conventrensis et Lichcfeldensis diocesis; cf. above Reg. Vat. DXXV, f. 187d, note.
3 Cf. ibid.
4 quandam per quam dictum Rodulphum (sic) ab impetratione dicti Johannis episcopi de et super dicta custodia et eius occasione dicto Radulpho prestite (? recte prestita) absolvitdiffinittivam (sic) promulgavit sententiam.
5 discretioni tuemandamus quatenuscustodiam ipsam, que officium in dicta ecclesia de Mamcestre et curata existit, et illam pro tempore obtinens personalem residentam in dicta ecclesia de Mamcestre iuxta illius statuta facere tenetur (corrected by cancellation from teneatur) … conferas et assignes; cf. above, Reg. Vat. DXXV, f. 187d, note.
6 Exhibita siquidem nobis nuper pro parte dicti Alexandri peticio continebat quod postquam orta dudum inter quondam Johannem Quheton tunc in humanis agentem et dilectum filium Johannem Ruthven presbyterum super perpetua vicaria parrochialis ecclesie de Outherhus Dunkeldensis diocesis, de [qua] tunc per liberam resignationem quondam Roberti Esse olim dicte ecclesie perpetui vicarii per eum de illa quam tunc obtinebat in manibus bone memorie Jacobi episcopi Dunkeldensis extra Romanam curiam sponte factam et per eundem Jacobum episcopum admissam vacan(te), uterque eorundem Johannis Quheton et Johannis Ruthven sibi per dictum Jacobum episcopum auctoritate ordinaria provisum fuisse canonice, dictumque Johannem Ruthven (? recte Johannesque Quheton dictum Johannem Ruthven) se provisioni dicto Johanni Quheton facte huiusmodi contra justiciam opposuisse et opponere, ac fecisse et facere quominus illa sortiretur effectum, Johannes vero Quheton (? recte Ruthven) predicti eandem vicariam ad se de iure spectasse asserebant materia questionis
7 commorantibus.
8 litterarum originalium huiusmodi plumbum casualiter abscisum et de loco consueto extractum fuit.
9 Spelling uncertain.
10 ac volumus que ille ex te ac dicto antistite qui eidem Edimundo predictum munus impendet, postquam sibi illud impenderit, ab eo nostro et Romane ecclesie nomine fidelitatis debite solitum recipiat juramentum iuxta formam quam sub bulla nostra mittimus interclusam, ac formam juramenti quod ipse Edimundus prestabit nobis de verbo ad verbum per eius patentes litteras suo sigillo munitas per proprium nuncium quantocius destinare procuret.
11 ac signo et subscriptionesignata ut apparuit et subscripta.
12 armiger, an ‘is’ sign being possibly very lightly added after the ‘r,’ to make ‘armigeris.’
13 Here armigeris.
14 quequidem carta irro(tulatu)r in dors(o) claus(arum) cance[l]lar(ie) regis infrascripti mense Januarii anno infrascripto, viz. Close Roll, 38 Hen. VI, m. 16d.
15 quo ad consignationem presentium.
16 The date of place is in this case not given.
17 quartodecimo [die Februarii] anno regni nostri tricesimo quarto. The word ‘quartodecimo’ ends f. 267d. and ‘anno’ begins f. 268r, which explains the scribe's inadvertent hiatus. The complete date occurs further on, as noted.
18 salva certa petitione (recte portione) in pecunia numerata monete Anglicane; cf. below, in the letters of the dean and chapter.
19 quam portionemad summam decem librarum in pecunia numerata monete Anglicanelimitamus
20 panem vinum et lumen ad summum altare
21 eiusque signo et subscriptione signari fecimus.
22 nulla legittima (sic) appellatione suspensa.
23 causam appellationis huiusmodi et desertionis eiusdem.
24 quoddam rescriptum apostolicum dicebatur impetrasse cuius obtentu ipsum Johannem in partibus illis nitebatur litibus involvere.
25 de mandato nostro tunc immo preter intentionem nostram atque inadvertenter prefato auditori commissum extitit.